§ 13.1303

13-1303. Unlawful imprisonment; classification; definition A. A person commits unlawful imprisonment by knowingly restraining another person. B. In any prosecution for unlawful imprisonment, it is a defense that: 1. The restraint was accomplished by a peace officer or detention officer acting in good faith in the lawful performance of his duty; or 2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury. C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest in which case it is a class 1 misdemeanor. D. For the purposes of this section, ' detention officer' means a person other than an elected official who is employed by a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel.